Pancham Pasi vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko.

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. BAIL APPLICATION No. - 12069 of 2025

Pancham Pasi

.....Applicant(s)

Versus

State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. .....Opposite Party(s) Counsel for Applicant(s) : Arun Singh Somvanshi Counsel for Opposite Party(s) : G.A. Court No. - 15

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HON'BLE KARUNESH SINGH PAWAR, J.

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The present application has been filed by the applicant seeking bail in Crime No. 613 of 2025 under Section 2(b)(i)/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Gola, District Lakhimpur Kheri.

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Heard learned counsel for the accused-applicant and learned A.G.A. for the State as well as perused the record.

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Learned counsel for the applicant submits that in the gang chart, only one case has been shown against the applicant, and in that case, he has already been enlarged on bail. The bail order has been filed as Annexure-3 to the bail application. Apart from this single case, the applicant has a criminal history of two more cases, and in both these cases, he has been granted bail. Copies of the bail orders have been collectively annexed as Annexure-4 to the bail application. Except for the above, the applicant has no other criminal history.

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It is also submitted that the applicant is in custody since 3.11.2025, and in case he is granted the facility of bail, there is no apprehension of his fleeing from the course of justice. He undertakes to abide by all conditions that may be imposed by the Court below and to cooperate in the expeditious conclusion of the trial.

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It is also submitted that the applicant is ready to furnish an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986.

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Learned A.G.A. has opposed the prayer for bail but has not disputed

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BAIL No. 12069 of 2025

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2

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the factual submissions made by the learned counsel for the accused-applicant.

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On due consideration of the fact that, in the case mentioned in the gang chart, the applicant has already been enlarged on bail, and apart from this single case, the applicant has duly explained the criminal history of two more cases in which he has also been granted bail; further, the applicant is languishing in jail since 03.11.2025; without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed.

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Let the applicant, Pancham Pasi involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall submit an undertaking on affidavit in terms of Section 19 (4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case for or misuse the liberty of bail.

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(vi) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code (Now Section 269

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BAIL No. 12069 of 2025

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3

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of BNS).

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(vii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS).

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It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.

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December 9, 2025 Madhu D.R/P.S

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(Karunesh Singh Pawar,J.)

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Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench

Pancham Pasi v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko.

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Pancham Pasi v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko.

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